Hougie v. Hougie

In Hougie v. Hougie (261 AD2d 161 [1st Dept 1999]), the Appellate Division, First Department, unanimously affirmed the Supreme Court's denial of defendant's motion for partial summary judgment dismissing so much of the complaint as sought equitable distribution of the defendant's enhanced earning capacity as an investment banker. In so doing, the Court held that whether a particular marital asset was subject to equitable distribution is an issue that can be decided on what is, essentially, a motion for partial summary judgment prior to trial. Although the issue here is somewhat more complex, involving the method of valuation to be used rather than simply whether the asset is marital or separate, the procedure is similar and the court's authority is no less, at least where both parties have requested the determination and there are no apparent issues of fact that impact the determination.